Ex Parte Roosth

The trial court found relator in contempt for failure to pay child support and sentenced him to 180 days in the Harris County jail. Although the sentence was punitive rather than coercive, the trial court did not require proof beyond a reasonable doubt of relator’s ability to make the support payments. The commitment order also purported to deny relator credit for good behavior. We released relator on bond pending final disposition of his petition. We grant in part the petition for writ of habeas corpus.

Relator claims that the trial court imposed a criminal sentence without due process of…